THIRD SECTION

DECISION

Application no. 43916/20 Aleksey Alekseyevich PRONENKO against Russia

(see appended table)

The European Court of Human Rights (Third Section), sitting on 15 September 2022 a Committee composed of:

Darian Pavli , President,

Andreas Zünd ,

Frédéric Krenc , judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 16 September 2020,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant’s details are set out in the appended table.

The applicant’s complaints under Articles 3 and 13 of the Convention concerning the inadequate medical treatment in detention and the lack of any effective remedy in domestic law were communicated to the Russian Government (“the Government”).

THE LAW

The applicant complained that he had not received adequate medical assistance in respect of his medical conditions indicated in the appended table. He relied on Articles 3 and 13 of the Convention, which read as follows:

Article 3

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Article 13

“Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority ....”

The general principles regarding the quality of medical care in detention have been stated in several of its previous judgments (see, among many other authorities, Blokhin v. Russia [GC], no. 47152/06, §§ 135-40, ECHR 2016, and Ivko v. Russia , no. 30575/08, §§ 91-95, 15 December 2015).

The Court adopts conclusions after evaluating all the evidence, including such inferences as may flow from the facts and the parties’ submissions. According to its established case-law, proof may follow from the coexistence of sufficiently strong, clear and concordant inferences or of similar unrebutted presumptions of fact (see, for example, Ananyev and Others v. Russia , nos. 42525/07 and 60800/08, § 121, 10 January 2012). In cases regarding conditions of detention and medical assistance in detention the burden of proof may, under certain circumstances, be shifted to the authorities (see Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII, see also Mathew v. the Netherlands , no. 24919/03, § 156, ECHR 2005-IX). Nevertheless, an applicant must provide an elaborate and consistent account of the State’s alleged failure to provide him with the required medical assistance, mentioning the specific elements which would enable the Court to determine that the complaint is not manifestly ill-founded or inadmissible on any other grounds.

Having examined the materials submitted, including extensive medical evidence submitted by the Government, the Court considers that the applicant received essential medical treatment in respect of his conditions. The defects in the quality of medical care alleged by the applicant are either insignificant or not supported by sufficiently strong evidence. Therefore, they cannot be accepted by the Court. The applicant’s complaint about the quality of the medical care in detention is therefore manifestly ill-founded.

The applicant also complained that no effective domestic remedies regarding the quality of the medical care in detention had been available to him in violation of Article 13 of the Convention.

The Court reiterates that Article 13 requires domestic remedies only with regard to complaints arguable in terms of the Convention (see Boyle and Rice v. the United Kingdom , 27 April 1988, § 52, Series A no. 131). Since the Court has found above that the applicant’s complaint about the quality of the medical treatment in detention is manifestly ill-founded, no issue under Article 13 of the Convention arises in his case.

In view of the above, the Court finds that the present complaints are manifestly ill-founded and must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.

For these reasons, the Court, unanimously,

Declares the application inadmissible.

Done in English and notified in writing on 13 October 2022.

Viktoriya Maradudina Darian Pavli Acting Deputy Registrar President

APPENDIX

Application raising complaints under Articles 3 and 13 of the Convention

(inadequate medical treatment in detention and lack of any effective remedy in domestic law)

Application no.

Date of introduction

Applicant’s name

Year of birth

Principal medical condition

Dates

43916/20

16/09/2020

Aleksey Alekseyevich PRONENKO

1975HIV/AIDS, tuberculosis, hepatitis C

20/09/2018

pending

More than 3 year(s) and

11 month(s) and 4 day(s)